| United States. Congress. Senate. Committee on the Judiciary - 1960 - 988 páginas
...individual of as full an opportunity to answer the charges as is available in judicial proceedings. "The problem is one that calls for balancing the public...against the individual's right to prepare his defense." Itoviaro v. United States, 353 US 53, 62. As we have indicated above, the executive department has... | |
| United States. Tax Court - 1977 - 1160 páginas
...must give way. * * * * * * We believe that no fixed rule with respect to disclosure is justifiable. The problem is one that calls for balancing the public...against the individual's right to prepare his defense. 2 That section provides in part as follows: A genuine privilege * * * must be recognized for the identity... | |
| United States. Tax Court - 1977 - 1216 páginas
...privilege must give way. * * * * We believe that no fixed rule with respect to disclosure is justifiable. The problem is one that calls for balancing the public...against the individual's right to prepare his defense. 2 That section provides in part as follows: A genuine privilege * * must be recognized for the identify... | |
| Edward J. Bloustein - 206 páginas
...determination of a cause . . . ."187 The decision to grant the privilege in any particular case is made after "balancing the public interest in protecting the flow...information against the individual's right to prepare his defense."188 The third context in which the individual citizen requires the protection of confidentiality... | |
| 1967 - 750 páginas
...Privilege," by Melvin Gutterman (March 1967). "The problem (of disclosing the informer's identity) is one that calls for balancing the public interest...in protecting the flow of information against the fundamental principle that an individual accused of a crime is entitled to a full and fair opportunity... | |
| Dennis G. Fitzgerald - 2007 - 430 páginas
...to the defendant's case."82 We believe that no fixed rule with respect to disclosure is justifiable. The problem is one that calls for balancing the public...information against the individual's right to prepare one's defense. Whether a proper balance renders nondisclosure erroneous must depend on the particular... | |
| H. L. Pohlman - 2008 - 336 páginas
...police informant or ensuring the timely identification of defense witnesses — a court must "balance[e] the public interest in protecting the flow of information...against the individual's right to prepare his defense." . . . Here, the district court failed to give any serious consideration to the required balancing.... | |
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